§ 837-X — Cooperation with certain out-of-state investigations

§ 837-x. Cooperation with certain out-of-state investigations. 1. For\npurposes of this section, the following terms shall have the following\nmeanings:\n (a) "Reproductive health care" shall have the same meaning as defined\nby section 570.17 of the criminal procedure law;\n (b) "Legally protected health activity" shall have the same meaning as\ndefined by section 570.17 of the criminal procedure law; and\n (c) "Gender-affirming care" shall have the same meaning as defined by\nsection 570.17 of the criminal procedure law.\n 2. (a) No state or local government employee or entity or other person\nacting on behalf of state or local government shall cooperate with or\nprovide information to any out-of-state individual or out-of-state\nagency or department regarding any legally protected health activity, or\notherwise expend or use time, moneys, facilities, property, equipment,\npersonnel or other resources in furtherance of any investigation or\nproceeding that seeks to impose civil or criminal liability,\nprofessional sanctions, or any other legal consequences upon a person or\nentity for any legally protected health activity; except that the\ncommissioner of health may share deidentified information as strictly\nnecessary to respond to a public health emergency or an imminent threat\nto public health, or to consult and cooperate with the appropriate\nagencies of the federal government or of other states in accordance with\nthe functions, powers, and duties of the department as outlined under\nsection two hundred one of the public health law, and may share\nidentified information in such circumstances only when strictly\nnecessary and with the consent of the person. For purposes of this\nsection, "deidentified" means that the information cannot identify or be\nmade to identify or be associated with a particular individual, directly\nor indirectly, and is subject to technical safeguards and policies and\nprocedures that prevent reidentification, whether intentionally or\nunintentionally, of any individual.\n (b) Nothing in this section shall prohibit the investigation of any\nreproductive health care or gender-affirming care rendered in violation\nof the laws of this state, provided that no information relating to any\nmedical procedure performed on a specific individual shall be shared\nwith an out-of-state agency or any other individual. Nothing in this\nsection shall prohibit compliance with a valid, court-issued subpoena or\nwarrant which does not relate to any effort to impose civil or criminal\nliability, professional sanctions, or any other legal consequences for a\nlegally protected health activity, or in response to the written request\nof a person who is the subject of such an investigation, proceeding, or\nother effort, to the extent necessary, in each case, to fulfill such\nrequest.\n (c) Nothing in this section shall prohibit disclosure of deidentified\ninformation in compliance with federal grant reporting requirements or\nother reporting requirements under federal law.\n (d) This section shall not be construed to allow for the provision of\nany information to any individual or out-of-state agency or department\nwhich would not otherwise be available under state law.\n